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Do I need a lawyer FMLA/Workmans Compensation?

Bowman, ND |

Injured on job.WC acceplance of claim. FMLA verbally requested to stop. 4 months later HR said FMLA exhausted. Not notified FMLA being used. Light duty before and after surgery.HR notifed WC they filled position. WC told worker position filled. light duty still going on Cannot get an answer from employer if termination or laid off or what is going on.

Attorney Answers 1

Posted

Regarding the FMLA issue, an employee doesn't have the ability to tell an employer to stop FMLA protection. If you were absences from work were protected under the FMLA, then your employer has a obligation to apply that protection. It's not something that you get to control.

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4 comments

Asker

Posted

I wasnt absent from work I was still working doing light duty an drawing WC

Darrel S Jackson

Darrel S Jackson

Posted

If you were still working full time and not absent from work, then FMLA would not apply. FMLA only applies to absences from work.

Asker

Posted

was working 24 hrs weekly does FMLA still have to be taken as i was on Work Comp

Darrel S Jackson

Darrel S Jackson

Posted

If you had been working 40 hours and then went to a reduced schedule of 24, then you had 16 hours of absence each that would be FMLA protected. The fact that you were on WC would have no impact on the FMLA analysis.

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